Chương 3 Luật ban hành văn bản quy phạm pháp luật 2008: Xây dựng, ban hành văn bản quy phạm pháp luật của Quốc Hội, Ủy ban Thường vụ Quốc Hội

Chapter III

DEVELOPMENT AND PROMULGATION OF LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND ITS STANDING COMMITTEE

Section 1. LAW AND ORDINANCE DEVELOPMENT PROGRAMMING

Article 22. Law and ordinance development programmes

1. Law and ordinance development programmes shall be formulated on the basis of adhering to the Partys directions and policies, socio-economic development and national defence and security strategies as well as governance requirements in each period and ensuring fundamental rights and obligations of citizens.

2. A Law and ordinance development programme shall consist of a National Assembly term-based law and ordinance development sub-programme and an annual law and ordinance development sub-programme.

3. The National Assembly shall decide the National Assembly term-based law and ordinance development sub-programme at the second session of each legislature and the annual law and ordinance development sub-programme at the first session in the previous year.

Article 23. Proposals and recommendations on law/ordinance development

1. Agencies, organizations and deputies of the National Assembly with the right to submit proposed drat legal documents specified in Article 87 of the Constitution shall submit their law/ordinance development proposals and National Assembly deputies shall forward their recommendations on law/ordinance development to the Standing Committee of the National Assembly.

A law/ordinance development proposal shall indicate clearly the need to promulgate such a law or ordinance; its objects and scope of regulation; its basic views/policies and main contents; needed resources/conditions for drafting the document; reported preliminary impact assessment of the document; and expected date of requesting its approval by the National Assembly and its Standing Committee.

Recommendations on law/ordinance development shall indicate clearly the need to promulgate such a law or ordinance and its objects and scope of regulation.

2. The Government shall propose programmes for the development of laws/ ordinances on issues within its functions, tasks and authority to the Standing Committee of the National Assembly as well as provide its comments on law/ordinance development proposals of other agencies, organizations and deputies and recommendations of deputies on law/ordinace development.

The Ministry of Justice shall be responsible for supporting the Government in formulating proposed law/ordinance development programmes based on proposals from Ministries, Ministry-equivalent Agencies and Government-affiliated Agencies.

3. The Government shall consider and deliberate on proposed law/ordinance development programmes in the following format:

a) A representative of the Ministry of Justice presents the draft of a proposed law/ordinance development programme;

b) Representatives of the agencies/organizations invited to attend the meeting provide their comments;

c) The Government deliberates;

d) The Government conducts voting for the adoption of the proposed law/ordinance development programme.

Article 24. Deadline for submission of proposals and recommendations on law/ordinance development

1. By March 01 in the previous year at the latest, proposals and recommendations on law/ordinance development shall be submitted to the Standing Committee of the National Assembly for the development of a proposed annual law/ordinance development programme and, at the same time, to the Committee for Legal Affairs of the National Assembly for verification.

By August 01 in the first year of the National Assembly term at the latest, proposals and recommendations on law/ordinance development shall be submitted to the Standing Committee of the National Assembly for the development of a proposed National Assembly term-based law/ordinance development programme and, at the same time, to the Committee for Legal Affairs of the National Assembly for verification.

2. Prior to submission of their proposals and recommendations on law/ordinance development to the Standing Committee, agencies, organizations and deputies of the National Assembly shall forward these proposals and recommendations to the Government for its comments.

Article 25. Verification of proposals and recommendations on law/ordinance development

1. The Committee for Legal Affairs shall collect and play the lead role in verifying law/ordinance development proposals from agencies, organizations and deputies of the National Assembly and recommendations on law/ordinance development from deputies.

The verification shall focus on the need to promulgate the proposed laws/ordinances, their scopes and objects of regulation, their basic policies, consistence, feasibility and order of priority as well as conditions for ensuring their development and implementation.

2. The Ethnic Council and other Committees of the National Assembly shall be responsible for coordinating with the Committee for Legal Affairs in verifying proposals and recommendations on law/ordinance development and providing comments on the need for and order of priority of promulgating the proposed documents in the area covered by each of them.

Article 26. Formulating proposed law/ordinance development programmes

1. The Standing Committee of the National Assembly shall consider and deliberate on proposals and recommendations on law/ordinance development in the following format:

a) A representative of the Government presents an introductory note supporting the submission of the proposed law/ordinance development programme.

Representatives of other agencies and organizations and deputies of the National Assembly provide comments on the proposal and recommendation on law/ordinance development;

b) A representative of the Committee for Legal Affairs presents a report on verification findings;

c) The participants contribute their comments/suggestions;

d) The Standing Committee of the National Assembly deliberates;

e) Representatives of the Government, other agencies and organizations and deputies that have proposals and recommendations in question provide clarification and/or additional explanations/information about the issues raised at the meeting;

f) The Chairperson makes concluding remarks.

2. Based on proposals and recommendations on law/ordinance development of agencies, organizations and deputies of the National Assembly as well as on the verification findings of the Committee for Legal Affairs, the Standing Committee shall prepare a proposed law/ordinance development programme for submission to the National Assembly for consideration and decision.

Documents supporting a proposed law/ordinance development programme shall include an introductory note supporting the submission of the programme and a draft resolution of the National Assembly on that programme. The proposed programme shall be posted on the National Assemblys website.

3. The Committee for Legal Affairs shall play the lead role and coordinate with the concerned agencies in assisting the Standing Committee of the National Assembly to formulate proposed law/ordinance development programmes.

Article 27. Sequential order of steps in the process of considering and approving proposed law/ordinance development programmes

1. The National Assembly shall consider and approve proposed law/ordinance development programmes in the following format:

a) A representative of the Standing Committee of the National Assembly presents an introductory note supporting the submission of the proposed law/ordinance development programme;

b) The National Assembly deliberates on the proposed law/ordinance development programme at its plenary session. Prior to this discussion at the plenary session, the proposed programme may be discussed by the deputies in groups;

c) Once the proposed law/ordinance development propramme has been discussed and commented on by the National Assembly, the Standing Committee instructs the Committee for Legal Affairs, the Ministry of Justice and other concerned agencies/organizations to study and incorporate the comments and amend/improve the National Assemblys draft resolution on the proposed programme as well as prepare a report the incorporation of the comments and amendments to the draft resolution;

d) The Standing Committee of the National Assembly reports to the latter on the incorporation of the comments and amendments to the draft resolution on the law/ordinance development programme;

e) The National Assembly votes for the adoption on its resolution on the law/ordinance development programme.

2. The resolution on the law/ordinance development programme shall indicate clearly the titles of the proposed law/ordinance and the draft resolution; in the case of an annual law/ordinance development programme, the resolution shall also indicate the expected date of submission of the proposed law/ordinance and the draft resolution to the National Assembly and its Standing Committee for their consideration and approval.

Article 28. Implementation of law/ordinance development programmes

1. The Standing Committee of the National Assembly shall play the steering role in implementing the law/ordinance development programme through the following activities:

a) Assigning agencies, organizations and deputies of the National Assembly to submit proposed laws/ordinances and draft resolutions; designating lead and participating agencies to verify the proposed laws/ordinances and draft resolutions.

In the case that the Standing Committee submits proposed laws and draft resolutions of the National Assembly, the National Assembly shall decide verifying agencies or set up a provisional Committee for this purpose.

In the case that the Ethnic Council or a Committee of the National Assembly submits proposed laws/ordinances and draft resolutions, the Standing Committee shall decide verifying agencies;

b) Establishing Drafting Boards for proposed laws/ordinances and draft resolutions in accordance with Clause 1 of Article 30 in this Law;

c) Deciding progress of formulating proposed laws/ordinances and draft resolutions as well as specific actions to ensure the implementation of the related law/ordinance development programmes.

2. The Committee for Legal Affairs shall be responsible for supporting the Standing Committee of the National Assembly in organizing the implementation of law/ordinance development programmes.

3. The Ministry of Justice shall be responsible for recommending lead drafting and cooperating agencies to the Government for its decision as well as for helping the Government advance the process of drafting the proposed laws/ordinances and draft resolutions submitted by the Government.

Article 29. Adjustment of law/ordinance development programmes

The Standing Committee of the National Assembly shall decide on the adjustment of law/ordinance development programmes, as/if necessary, and report such adjustment to the National Assembly at the nearest session.

The adjustment of the law/ordinance development programmes shall comply with Articles 23, 24 and 25 in this Law.

Section 2. DEVELOPMENT OF LAWS, RESOLUTIONS OF THE NATIONAL ASSEMBLY AND ORDINANCES, RESOLUTIONS OF THE STANDING COMMITTEE

Article 30. Establishment of Drafting Boards and appointment of lead drafting agencies

1. The Standing Committee of the National Assembly shall establish Drafting Boards and appoint lead drafting agencies in the following cases:

a) Proposed laws/ordinances and draft resolutions covering several sectors/areas;

b) Proposed laws and draft resolutions of the National Assembly submitted by the Standing Committee;

c) Proposed laws/ordinances and draft resolutions submitted by National Assembly deputies. The members of the Drafting Boards shall be decided by the Standing Committee at the request of the deputies.

2. In the case that proposed laws/ordinances and draft resolutions are submitted by the Government, the Government shall assign a Ministry or a Ministry-equivalent Agency to be the lead drafting agency, which shall establish a Drafting Board.

3. In the case that proposed laws/ordinances and draft resolutions are submitted by another agency/organization, that agency/organization shall establish a Drafting Board and act as the lead drafting agency.

Article 31. Members of Drafting Boards

1. A Drafting Board shall consist of its Chairperson, who is the Head of the lead drafting agency/organization, and other members, who are representatives of the senior management of the lead drafting agency/organization and other concerned agencies/organizations and experts/scientists. In the case of a Drafting Board for a proposed law/ordinance and a draft resolution submitted by the Government, its members shall also include representatives of the leadership of the Ministry of Justice and the Office of the Government. A Drafting Board shall consist of at least nine members.

2. Members of a Drafting Board shall be the ones who are acquainted with technical issues of the proposed law/ordinance and draft resolution as well as available and able to participate in all activities of the Board.

Article 32. Tasks of Drafting Boards and their Chairpersons

1. Drafting Boards shall be responsible for organizing the drafting of the proposed laws/ordinances and draft resolutions as well as be responsible to the lead drafting agencies/organizations for the quality and progress of this job.

2. Drafting Boards shall have the following tasks:

a) Reviewing and approving the outlines of the draft laws/ordinances and resolutions;

b) Deliberating on related basic policies and substantive issues of the proposed laws/ordinances and draft resolutions;

c) Deliberating on the draft documents, introductory notes supporting the submission of the draft documents, detailed narratives of the proposed laws/ordinances and draft resolutions as well as on the incorporation of comments from agencies/organizations and individuals;

d) Ensuring the relevance of the draft documents to the Partys directions and policies as well as their constitutionality, legality, consistence with the legal system and feasibility.

3. The Chairpersons of the Drafting Boards shall have the following tasks:

a) Establishing editorial teams to support the Drafting Boards and guiding the editorial teams in preparing the outlines of the draft documents as well as in editing and improving the draft documents;

b) Organizing meetings and other activities of the Drafting Boards.

Article 33. Tasks of lead drafting agencies/organizations

1. Reviewing law enforcement/implementation and assessing existing legal documents related to the proposed laws/ordinances and draft resolutions; surveying and assessing the actual status of social relations related to the main contents of the proposed laws/ordinances and draft resolutions; requesting concerned agencies/organizations to review and assess the enforcement/implementation of legal documents in the areas covered by the latter and related to the proposed laws/ordinances and draft resolutions, as/if necessary.

2. Organizing the impact assessment of and preparing impact assessment reports on the draft documents. These reports shall highlight issues that need to be addressed and solutions to each issue; analysis and comparison of the costs and benefits of these solutions.

3. Organizing the study of information, materials and international treaties of which the Socialist Republic of Viet Nam is a member, related to the proposed laws/ordinances and draft resolutions; requesting concerned agencies/organizations and individuals to provide relevant information and literature, as/if necessary.

4. Organizing the collection of comments from concerned agencies/organizations on the proposed laws/ordinances and draft resolutions; consolidating, studying and incorporating these comments.

5. Studying and incorporating the Governments assessments of and comments on the proposed laws/ordinances and draft resolutions not submitted by the Government.

6. Preparing draft documents, introductory notes supporting the submission of the draft documents, detailed narratives of the proposed laws/ordinances and draft resolutions as well as reports on the incorporation of comments from concerned agencies/organizations and individuals; impact assessment reports on the draft documents; and posting these materials on the websites of the Government and the lead drafting agencies/organizations.

7. Identifying the core substantive and also controversial issues of the proposed laws/ordinances and draft resolutions submitted by the Government and reporting these issues to the Government for consideration and decision.

8. Recommending that the drafting agencies identify specific articles, clauses and items/paragraphs of the draft documents.

9. Ensuring the provision of required working conditions to the Drafting Boards and the editorial teams.

In the case of proposed laws/ordinances and draft resolutions submitted by National Assembly deputies, the Office of the National Assembly shall be responsible for ensuring availability of the required working conditions for the Drafting Boards and the editorial teams.

Article 34. Tasks of agencies/organizations and deputies of the National Assembly submitting proposed laws/ordinances and draft resolutions

1. Agencies/organizations and deputies of the National Assembly submitting proposed laws/ordinances and draft resolutions shall have the following tasks:

a) Supervising/guiding the Drafting Boards in the drafting process; or supervising/guiding the lead drafting agencies in the case that the proposed laws/ordinances and draft resolutions are submitted by the Standing Committee of the National Assembly/the Government;

b) Considering and deciding the submission to the National Assembly of proposed laws and draft resolutions and to the Standing Committee of proposed ordinances and draft resolutions; in the case of failing to submit the proposed laws/ordinances and draft resolutions as per the schedule in the law/ordinance development programme, reporting the case immediately to the Standing Committee for its consideration/decision together with clearly stated reasons.

2. In the case that the proposed laws/ordinances and draft resolutions are not submitted by the Government, the submitting agencies/organizations and deputies of the National Assembly shall forward complete sets of the proposed laws/ordinances and draft resolutions together with their supporting documents to the Government for its comments at least forty days before the opening date of the session of the Standing Committee.

3. A set of a proposed law/ordinance or draft resolution and supporting documents submitted to the Government for its comments shall include:

a) An introductory note supporting the submission of the proposed law/ordinance or draft resolution;

b) A draft document;

c) A detailed narrative of the proposed law/ordinance or draft resolution and its impact assessment report;

d) A review report on law enforcement/implementation and actual status of social relations related to the main contents of the proposed law/ordinance or draft resolution;

e) Other documents (if any).

Article 35. Collection of comments on proposed laws/ordinances and draft resolutions

1. In the process of drafting the proposed laws/ordinances and draft resolutions, the lead drafting agencies/organizations shall collect comments from concerned agencies/organizations and the direct objects of the legal documents; identifying issues relevant to each consulted agency/organization/object for them to comment on and specific addresses for receiving comments; posting the full texts of the draft legal documents on the websites of the Government and the lead drafting agencies/organizations within minimum sixty days for agencies/organizations and individuals to provide comments on.

2. Comments may be collected directly from the consulted agencies/organizations/individuals or by sending the draft documents to them for their comments or organizing consultative workshops, through the websites of the Government and the lead drafting agencies/organizations or through the mass media.

3. Concerned agencies/organizations shall be responsible for providing their written comments on the proposed laws/ordinances and draft resolutions; specifically, the Ministry of Finance shall be responsible for providing comments on financial sources, the Ministry of Home Affairs on human resources, the Ministry of Natural Resources and Environment on environmental impacts, and the Ministry of Foreign Affairs on relevance to related international treaties of which the Socialist Republic of Viet Nam is a member.

4. The lead drafting agencies/organizations shall be responsible for consolidating, studying and incorporating the collected comments.

Article 36. Assessment of proposed laws/ordinances and draft resolutions submitted by the Government

1. The Ministry of Justice shall be responsible for assessing proposed laws/ordinances and draft resolutions prior to their submission to the Government.

In the case that the proposed laws/ordinances and draft resolutions are complex and related to several sectors/areas or drafted by the Ministry of Justice as the lead drafting agency, the Minister of Justice shall establish an Assessing Council consisting of representatives of concerned agencies, experts and scientists.

2. A complete set of documentation submitted for assessment shall include:

a) An introductory note supporting the submission of the proposed law/ordinance or draft resolution submitted to the Government;

b) A draft document;

c) A detailed narrative of the proposed law/ordinance or draft resolution and its impact assessment report;

d) A review report on law enforcement/implementation and actual status of social relations related to the main contents of the proposed law/ordinance or draft resolution;

e) A consolidated note of comments from agencies/organizations/individuals on the proposed law/ordinance or draft resolution; a copy of comments from Ministries and Ministry-equivalent Agencies; a report on the incorporation of the comments on the proposed law/ordinance or draft resolution;

e) Other documents (if any).

3. Assessing agencies shall focus their assessment on the following issues:

a) The need to promulgate the legal documents in question, their objects and scopes of regulation;

b) The relevance of the draft documents to the Partys directions and policies;

c) Their constitutionality, legality, consistence with the legal system and relevance to related international treaties of which the Socialist Republic of Viet Nam is a member;

d) Their feasibility, including their responsiveness to the actual demands and level of social development as well as required conditions for ensuring their enforcement/implementation;

e) Language and drafting techniques.

The assessing agencies may request the lead drafting agencies to report on the issues related to the contents of the proposed laws/ordinances and draft resolutions, as/if necessary.

4. Assessment reports shall be forwarded to the lead drafting agencies within maximum twenty days from the date on which full sets of documentation submitted for assessment are received.

5. The lead drafting agencies shall be responsible for studying and incorporating the assessments into the amendment/finalization of the draft laws, ordinances and resolutions to be submitted to the Government.

Article 37. Sets of proposed laws/ordinances and draft resolutions and supporting documents submitted to the Government

1) An introductory note supporting the submission of the proposed law/ordinance or draft resolution submitted to the Government;

2) A draft document;

3) A detailed narrative of the proposed law/ordinance or draft resolution and its impact assessment report;

4) An assessment report, a report on the incorporation of the assessments, a consolidated note of comments on the proposed law/ordinance or draft resolution from agencies/organizations/individuals;

5) A review report on law enforcement/implementation and actual status of social relations related to the main contents of the proposed law/ordinance or draft resolution;

6) Other documents (if any).

Article 38. Amendment and finalization of proposed laws/ordinances and draft resolutions prior to their submission to the Government

In the case that there exist different opinions among Ministries and Ministry-equivalent Agencies about major substantive issues of a proposed law/ordinance or a draft resolution, the Minister-Chairman of the Office of the Government shall convene a meeting of representatives of the leadership of the lead drafting agency, the Ministry of Justice, other concerned Ministries and Ministry-equivalent Agencies to address those controversial issues prior to their submission to the Government for consideration/decision. Based on comments collected in this meeting, the lead drafting agency shall work with concerned agencies in further revising and finalizing the proposed law/ordinance or draft resolution for submission to the Government.

Article 39. The Government deliberates and decides the submission of proposed laws/ordinances and draft resolutions

1. The Government shall be responsible for holding collective consideration/ discussion and following the principle of majority voting in order to decide the submission of proposed laws/ordinances and draft resolutions.

2. The Office of the Government shall identify and report major issues, including controversial ones, of the proposed laws/ordinances and draft resolutions to the Government for its deliberations.

3. Depending on the nature and contents of a proposed law/ordinance or a draft resolution, the Government may consider and deliberate on it at one or several cabinet meetings in the following format:

a) A representative of the lead drafting agency presents the proposed law/ordinance or draft resolution;

b) A representative of the Office of the Government presents the remaining controversial issues of the proposed law/ordinance or draft resolution;

c) Representatives of the agencies/organizations attending the meeting provide their comments;

d) The Government deliberates;

e) The Government votes for the submission of the proposed law/ordinance or draft resolution.

4. In the case that the Government has not adopted the submission of the proposed law/ordinance or draft resolution, the Prime Minister shall decide timing for its re-consideration. Based on the cabinet members comments, the lead drafting agency shall coordinate with concerned agencies/organizations in amending/adjusting the proposed law/ordinance or draft resolution.

At the next meeting, the Government shall deliberate on the proposed law/ordinance or draft resolution in the following format:

a) The lead drafting agency reports the amendments/adjustments to the Government;

b) The Government deliberates and votes for the submission of the proposed law/ordinance or draft resolution.

Article 40. The Government provides comments on proposed laws/ordinances and draft resolutions it does not submit

1. The Government shall be responsible for providing written comments on proposed laws/ordinances and draft resolutions submitted by other agencies/organizations and deputies of the National Assembly within twenty days from the date on which full sets of documentation are received.

2. Ministries and Ministry-equivalent Agencies which are assigned by Prime Minister to prepare comments shall play the lead role and collaborate with the Ministry of Justice in identifying issues that need to be commented on and submitting them to the Government for consideration/decision.

Section 3. VERIFICATION OF PROPOSED LAWS, ORDINANCES AND DRAFT RESOLUTIONS

Article 41. The verification conducted by the Ethnic Council and other committees of the National Assembly.

1. Proposed laws, ordinances and draft resolutions before being submitted to the National Assembly and the Standing Committee of National Assembly for discussion and comments shall be verified by the National Council and related committees of the National Assembly (hereinafter referred to as verifying agency).

The Ethnic Council and National Assembly committees shall play the lead role in the verification of proposed laws, ordinances and draft resolutions within their domains, and others assigned by the National Assembly, the Standing Committee of National Assembly; participating in the verification of proposed laws, ordinances and draft resolutions, led by other bodies of the National Assembly under the assignment by the Standing Committee of National Assembly.

2. The lead verifying agency has the responsibility to invite representatives of the assigned agencies to participate in the verification and to attend meetings in order to make comments on the contents of the proposed laws, ordinances and draft resolutions relating to their areas and other substantive issues of the proposed laws, ordinances and draft resolutions.

3. The lead verifying agency may invite representatives of the related agencies, organizations, experts/specialists, scientists and representatives of the direct objects of the proposed legal documents to attend meetings to provide comments on the substantive issues of the proposed laws, ordinances and draft resolutions.

4. The verifying agency shall be entitled to request the agencies, organizations and deputies of the National Assembly submitting proposed laws, ordinances and draft resolutions to report on substantive issues of these documents; they may be requested to hold workshops or conduct fact-finding surveys on substantive issues of the proposed laws, ordinances and draft resolutions by themselves or in collaboration with the lead drafting agency.

Agencies, organizations and individuals, when requested, shall be responsible for providing information, documents and responding to other requests raised by the verifying agency.

Article 42. Sets of the proposed laws, ordinances, draft resolutions and other supporting documents and timing for verification

1. A complete set of the proposed law, ordinance and draft resolution and other supporting documents shall include:

a) An introductory note supporting the submission of the proposed law, ordinance or drat resolution submitted to the National Assembly, the Standing Committee of National Assembly;

b) A draft document;

c) A detailed narrative of the proposed law, ordinance or draft resolution and an assessment report on the impacts of the draft document;

d) An assessment report on the proposed law, ordinance or draft resolution if the document is submitted by the Government; comments of the Government on the proposed law, ordinance or draft resolution if the document is not submitted by the Government; a consolidated note of comments on the proposed law, ordinance or draft resolution;

e) A review report on law enforcement/implementation and the actual status of social relations related to the main contents of the proposed law, ordinance or draft resolution;

f) Other documents (if any).

2. The deadline for the submission of the proposed laws, ordinances and draft resolutions to the Standing Committee of the National Assembly shall be maximum twenty days before the opening date of the Standing Committees session; the submitting agencies, organizations and NA deputies shall send their complete sets of documentation as specified in Clause 1 of this Article to the lead verifying agency and other verifying agencies for them to conduct the verification.

The deadline for the submission of proposed laws, ordinances and draft resolutions to the National Assembly shall be maximum thirty days before the opening date of the National Assemblys session; the submitting agencies, organizations and NA deputies shall send their complete sets of documentation as specified in Clause 1 of this Article to the lead verifying agency and other verifying agencies for them to conduct the verification.

Article 43. Issues to be verified

The verifying agency shall focus on the following key issues:

1. Scope and objects of regulation by the draft document;

2. Contents of the draft document and controversial issues;

3. The relevance of the draft document to the Partys directions and policies, the Constitution, the existing laws and its consistence with the existing legal system;

4. The feasibility of the draft document.

Article 44. Modalities of verification

1. The lead verifying agency shall organize a plenary meeting for verification; in the case of the National Assemblys proposed laws and draft resolutions submitted to the Standing Committee for comments, a meeting of Council Standing Members and Committee Standing Members may be convened for the purpose of initial verification.

2. In case that the proposed laws, ordinances and draft resolutions are jointly verified by several agencies, the verification can be conducted in either of the following ways:

a) The lead verifying agency arranges a verification meeting with the participation of the representatives of the verifying agencies;

b) The lead verifying agency arranges a verification meeting with the participation of the standing members of the verifying agencies.

Article 45. Verification report

1. The verification report shall demonstrate clearly the viewpoints of the verifying agencies on the issues under verification as specified in the Article 43 of this Law and recommend amendments.

2. The verification report shall fully reflect the comments of the members of the lead verifying agency and also those of the verifying agencies.

Article 46. Responsibilities of the Committee for Legal Affairs in verification to ensure the constitutionality, legality and consistence with the legal system of proposed laws, ordinances and draft resolutions

1. The Committee for Legal Affairs shall have the responsibility to participate in the verification led by other bodies of the National Assembly to ensure the constitutionality, legality and consistence with the legal system of the proposed laws, ordinances and draft resolutions before their submission to the National Assembly, the Standing Committee of National Assembly for review and ratification.

2. The Committee for Legal Affairs shall arrange a meeting of standing members of the Committee or the plenary meeting of the Committee for the preparation of verification comments and for the nomination of the Committees representative to attend the verification meeting of the lead verifying agency.

3. The issues under verification to ensure the constitutionality, legality and consistence with the legal system of the proposed laws, ordinances and draft resolutions shall comprise the followings:

a) Relevance of the draft laws and resolutions of the National Assembly to the Constitution; relevance of the draft ordinances and resolutions of the Standing Committee to the Constitution, existing laws and resolutions of the National Assembly.

b) The consistence of the draft laws and resolutions of the National Assembly with its existing laws and resolutions; consistence of the draft ordinances and resolutions of the Standing Committee with its existing ordinances and resolutions; consistence among the draft ordinances, laws and resolutions; consistence of drafting techniques.

4. When forwarding a complete set of documentation as specified in Article 42 of this Law, the agencies, organizations and deputies of the National Assembly submitting the proposed laws, ordinances draft resolutions shall also send a copy to the Committee for Legal Affairs.

Article 47. Responsibilities of the Committee for Social Affairs in verifying the integration of gender equality into proposed laws, ordinances and draft resolutions

1. The Committee for Social Affairs shall have the responsibility to participate in the verification of gender equality integration into proposed laws, ordinances and draft resolutions, which is led by other bodies of the National Assembly in the case that those proposed laws, ordinances and draft resolutions contain elements related to gender equality.

2. The Committee for Social Affairs shall organize a meeting of the Committees Standing Members or its plenary meeting for the preparation of verification comments and nomination of its representative to attend the verification meeting of the lead verifying agency.

3. The verification of gender equality integration into the proposed laws, ordinances and draft resolutions shall be conducted as specified in Clause 2, Article 22 of the Law on Gender Equality.

4. When forwarding the complete set of documentation as specified in Article 42 of this Law, the agencies, organizations and deputies of National Assembly submitting the proposed laws, ordinances and draft resolutions shall also send a copy to the Committee for Social Affairs.

Section 4. THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY REVIEWS AND COMMENTS ON PROPOSED LAWS AND DRAFT RESOLUTIONS OF THE NATIONAL ASSEMBLY

Article 48. Time frame for the Standing Committee of National Assembly to review and comment on the proposed laws and draft resolutions of the National Assembly

Within maximum seven days before the opening date of the Standing Committees session, the agencies, the organizations and deputies of the National Assembly submitting proposed laws and draft resolutions shall forward the complete set of documentation as specified in Clause 1, Article 42 of this Law to the Standing Committee for comments.

The draft document, the introductory note supporting the submission of the draft document and the verification report on the proposed law or draft resolution shall be posted on the Website of the National Assembly.

Article 49. Sequence of steps taken by the Standing Committee of National Assembly in reviewing and commenting on proposed laws and draft resolutions of the National Assembly.

1. Depending on the nature and contents of the proposed law or draft resolution of the National assembly, the Standing Committee may review and comment on the draft document only once or repeat the process several times.

2. The Standing Committee of National Assembly shall review and comment on the draft document in the following sequence of steps:

a) The representative of the agency/organization or deputy of the National Assembly submitting the proposed law or draft resolution presents its main contents;

b) The representative of the lead verifying agency presents the verification report and recommends issues for the National Assembly to discuss;

c) The representatives of Agencies/organizations and individuals participating in the meeting provide comments;

d) The Standing Committee of National Assembly then has a discussion;

e) The chairperson makes concluding remarks.

Article 50. The incorporation of the Standing Committees comments and amendment of proposed laws and draft resolutions of the National Assembly

1. Based on the comments from the Standing Committee of National Assembly, the agencies, organizations and deputies of the National Assembly submitting proposed laws and draft resolutions of the National Assembly shall be responsible for studying and incorporating the comments into the adjustment/amendment of the proposed laws and draft resolutions.

In the case of a proposed law or a draft resolution submitted by the Government, the person authorized by the Prime Minister to submit the draft document shall be responsible for studying and incorporating the comments into the adjustment/amendment of the proposed law or draft resolution, except for special cases which need to be reported to the Prime Minister for consideration and decision.

2. In case that the agencies, organizations and deputies of the National Assembly submitting proposed laws and draft resolutions of the National Assembly, have their comments different from those of the Standing Committee, the case shall be reported to the National Assembly for consideration and decision.

Section 5. DELIBERATION ON, INCORPORATION OF COMMENTS ON, AMENDMENT AND APPROVAL OF PROPOSED DRAFT LAWS, ORDINANCES AND RESOLUTIONS

Article 51: Consideration and approval of proposed draft laws, ordinances and resolutions

1. The National Assembly shall consider and approve proposed draft laws, ordinances and resolutions at one or two meeting sessions of the National Assembly.

Regarding those proposed draft laws, ordinances and resolutions to be submitted to the National Assembly for consideration and comments, and those submitted to the National Assembly for consideration and approval at a meeting session, complete sets of documentation for proposed draft laws, ordinances and resolutions shall be sent to National Assembly Deputies no later than 20 days before the commencement of the National Assembly Session.

Regarding those proposed draft laws, ordinances and resolutions that have been revised and improved through adopting comments of National Assembly Deputies at the previous meeting session and then submitted to the National Assembly for consideration and approval at the following meeting session, the Standing Committee of the National Assembly shall be responsible for sending those documents to National Assembly Deputies, delegations of National Assembly Deputies, the Ethnic Council and committees of the National Assembly for inputs of comments and improvements no later than 45 days before the commencement of the National Assembly Session.

Delegations of National Assembly Deputies, the Permanent Part of the Ethnicity Council, and the Permanent Parts of the National Assembly Committees shall be responsible for organizing discussions and inputs of comments in writing to be sent to the Office of the National Assembly no later than 20 days before the commencement of the National Assembly Session.

2. The Standing Committee of the National Assembly shall consider and approve proposed draft laws, ordinances and resolutions at one or two meetings of the Standing Committee of the National Assembly.

Complete sets of documentation for proposed draft laws, ordinances and resolutions shall be sent to members of the Standing Committee of the National Assembly no later than 20 days before the commencement of the meeting of the Standing Committee of the National Assembly.

3. Complete sets documentation for proposed draft laws, ordinances and resolutions to be submitted to the National Assembly and the Standing Committee of the National Assembly include those documents stipulated in Clause 1 Article 42 of this Law and reports on assessment of proposed draft laws, ordinances and resolutions.

Draft documents, submissions and reports on assessment of proposed draft laws, ordinances and resolutions shall be posted on the website of the National Assembly.

Article 52: Sequential procedures for consideration and approval of proposed draft laws and resolutions at a meeting session of the National Assembly

The National Assembly shall consider and approve proposed draft laws and resolutions at one of its meeting sessions through the following sequential procedures:

1. Representatives of the agencies, organizations, National Assembly Deputies that submit their proposed draft laws and resolutions shall make presentations on those proposed draft laws and resolutions.

2. Representatives of the agencies that take the lead responsibility in assessing the drafts shall make a presentation on their reports on assessment of those documents.

3. The National Assembly shall discuss at plenary sessions basic contents and major issues of proposed draft laws and resolutions that are subject to controversy. Before being discussed at plenary sessions, proposed draft laws and resolutions can be discussed at meetings of groups of National Assembly Deputies.

4. In the course of discussions, representatives of agencies and organizations and the National Assembly Member that submit their proposed draft laws and resolutions shall provide explanations regarding issues and problems related to those proposed draft laws and resolutions brought forward by National Assembly Deputies.

5. Regarding important issues of proposed draft laws and resolutions, and major issues that are still subject to controversy, the National Assembly shall apply majority voting at the request of the Standing Committee of the National Assembly. The agencies taking the lead responsibility in assessment of proposed draft laws and resolutions shall coordinate with those agencies, organizations and the National Assembly Member that submit their proposed draft laws and resolutions, the Secretariat of the National Assembly Session and institutions concerned to help the Standing Committee of the National Assembly to anticipate those issues and problems of proposed draft laws and resolutions to submit to the National Assembly for majority voting.

6. After the proposed draft laws and resolutions have been deliberated and commented upon, the Standing Committee of the National Assembly shall guide and organize the follow-up studies, adoption and improvement of the draft documents in the following sequential order:

a. The agencies taking the lead responsibility in assessment of proposed draft laws and resolutions (the lead assessing agencies) shall coordinate with those agencies, organizations and the National Assembly Member that submit their proposed draft laws and resolutions, the Law Committee, the Ministry of Justice and institutions concerned to conduct studies, adoptions and improvement of those draft documents and to prepare reports on adoptions and improvement of those draft documents to be submitted to the Standing Committee of the National Assembly.

b. Proposed draft laws and resolutions shall be sent to the Law Committee for scrutiny and perfection in terms of drafting techniques no later than 5 days before the date of voting for approval. The Law Committee shall take the lead responsibility and coordinate with the assessing agencies, representatives of agencies, organizations the National Assembly Member that submit the proposed draft laws and resolutions to organize checks and scrutiny to ensure constitutionality, legality and consistence of the proposed draft laws and resolutions with the law system.

7. The Standing Committee of the National Assembly shall report to the National Assembly on explanations on adoptions and improvement of the draft laws, ordinances and resolutions. In cases where agencies, organization and National Assembly Member that submit the proposed draft laws and resolutions have different ideas from what has been adopted and improved in the draft documents, those different ideas must be clearly mentioned in the reports.

8. The National Assembly shall approve the proposed draft laws and resolutions by majority voting. In cases where different ideas still remain regarding certain issues and problems, the National Assembly shall settle those differences by majority voting at the request of the Standing Committee of the National Assembly before approving the proposed draft laws and resolutions by majority voting.

9. The Chairperson of the National Assembly shall sign to certify those laws and resolutions passed by the National Assembly. In cases where the proposed draft documents have not been approved or have been approved in part, the improvement and approval of the draft documents shall be conducted in accordance with Clauses 2 and 3 Article 53 of this Law.

Article 53. Sequential procedures for consideration and approval of proposed draft laws and resolutions at 2 meeting sessions of the National Assembly

The National Assembly shall consider and approve proposed draft laws and resolutions at 2 of its meeting sessions in the following sequential order:

1. At the first meeting session:

a. Representatives of agencies, organizations and the National Assembly Member that submit their proposed draft laws and resolutions shall make presentations on those draft documents.

b. Representatives of agencies that take the lead responsibility in assessment of those draft documents shall make presentations on their assessment reports.

c. The National Assembly shall deliberate on those basic contents and major issues and problems that are subject to controversy of the proposed draft laws and resolutions at plenary sessions. Before being deliberated at plenary sessions, proposed draft laws and resolutions can be discussed at meetings of groups of National Assembly Deputies. In the course of discussions, representatives of agencies and organizations and the National Assembly Member that submit their proposed draft laws and resolutions shall provide explanations regarding issues and problems related to those proposed draft laws and resolutions brought forward by National Assembly Deputies.

d. Regarding important issues of proposed draft laws and resolutions, and major issues that are still subject to controversy, the National Assembly shall apply majority voting at the request of the Standing Committee of the National Assembly.

The agencies taking the lead responsibility in assessment of proposed draft laws and resolutions shall coordinate with those agencies, organizations and the National Assembly Member that submit their proposed draft laws and resolutions, the Secretariat of the National Assembly Session and institutions concerned to help the Standing Committee of the National Assembly to anticipate those issues and problems of proposed draft laws and resolutions to submit to the National Assembly for majority voting.

e. The Standing Committee of the National Assembly shall direct the Secretariat of the Session to synthesize comments and ideas of National Assembly Deputies and the voting results to provide a basis for improvements.

2. During the time between the two sessions of the National Assembly, the Standing Committee of the National Assembly shall direct and organize the studies, adoptions and improvements of the draft documents in the following sequential order:

a. The lead assessing agency shall take the lead responsibility and coordinate with those agencies, organizations and the National Assembly Member that submit their proposed draft laws and resolutions, the Law Committee, the Ministry of Justice and institutions concerned for studies, adoptions and improvements of the draft documents and drafting reports on adoptions and improvements of draft documents.

b. The Standing Committee of the National Assembly shall consider and discuss reports on adoptions and improvements and the improved draft documents.

c. The Standing Committee of the National Assembly shall send the improved draft documents to National Assembly Deputies, the delegations of National Assembly Deputies, the Ethnic Council and Committees of the National Assembly for further comments.

d. The lead assessing agency shall synthesize comments from National Assembly Deputies, the delegations of National Assembly Deputies, the Ethnic Council and Committees of the National Assembly for studies, adoptions and improvements of draft documents and completion of reports on explanations for adoptions and improvements of draft documents to be submitted to the Standing Committee of the National Assembly.

3. At the second meeting session:

a. Representatives of the Standing Committee of the National Assembly shall deliver a report to the National Assembly on explanations for adoptions and improvement of the draft laws and resolutions. In cases where agencies, organization and National Assembly Member that submit the proposed draft laws and resolutions have different ideas from what has been adopted and improved in the draft documents, those different ideas must be clearly mentioned in the reports.

b. The National Assembly shall deliberate those contents of the proposed draft laws and resolutions that are still subject to different ideas.

c. The Standing Committee of the National Assembly shall direct and organize studies, adoptions and improvements for draft documents.

d. The proposed draft laws and resolutions shall be sent to the Law Committee for review and perfection in terms of drafting techniques no later than 5 days before the date of voting and approval. The Law Committee shall take the lead responsibility and coordinate with the lead assessing agency, representatives of the agencies, organizations, the National Assembly Member that submit their proposed draft laws and resolutions to conduct reviews to ensure constitutionality, legality and consistence of those draft documents with the law system.

e. The National Assembly shall approve the proposed draft laws and resolutions by majority voting. In cases where different ideas still remain regarding certain issues and problems, the National Assembly shall settle those differences by majority voting at the request of the Standing Committee of the National Assembly before approving the proposed draft laws and resolutions by majority voting.

f. The Chairperson of the National Assembly shall sign to certify those laws and resolutions passed by the National Assembly. In cases where the proposed draft documents have not been approved or have been approved in part, the consideration and approval of those draft documents shall be decided upon by the National Assembly at the request of the Standing Committee of the National Assembly.

Article 54. Sequential procedures for consideration and approval of proposed draft ordinances and resolutions of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall consider and approve proposed draft ordinances and resolutions at one of its meetings in the following sequential order:

a. Representatives of agencies, organizations and the National Assembly Member that submit their proposed draft ordinances and resolutions shall make presentations on those draft documents.

b. Representatives of agencies that take the lead responsibility in assessment of those draft documents shall make presentations on their assessment reports.

c. The invited representatives of agencies, organizations and individuals shall state their opinions and views.

d. The Standing Committee of the National Assembly shall discuss, and the chairperson of the meeting shall draw conclusions.

e. The agency taking the lead responsibility for assessment of proposed draft documents shall be responsible for coordinating with agencies, organizations, National Assembly Deputies that submit their proposed draft ordinances and resolutions, the Law Committee, the Ministry of Justice and institutions concerned for studies, adoptions and improvements of the draft documents.

f. Proposed draft ordinances and resolutions shall be sent to the Law Committee for scrutiny and perfection in terms of drafting techniques no later than 3 days before the date of voting for approval. The Law Committee shall take the lead responsibility and coordinate with the assessing agencies, representatives of agencies, organizations the National Assembly Member that submit the proposed draft ordinances and resolutions to organize checks and scrutiny to ensure constitutionality, legality and consistence of the proposed draft ordinances and resolutions with the law system.

g. Representatives of the lead assessing agency shall report to the Standing Committee of the National Assembly on adoptions and improvements for the draft documents. In cases where agencies, organizations the National Assembly Member that submit the proposed draft ordinances and resolutions have different opinions from what has been revised and improved in the draft documents, those differences shall be clearly mentioned in the report.

h. The Standing Committee of the National Assembly shall approve the proposed draft ordinances and resolutions by majority voting. In cases where different opinions still remain, the Standing Committee of the National Assembly shall settle those differences at the request of the chairperson of the meeting before approving the proposed draft ordinances and resolutions by majority voting.

i. The Chairperson of the National Assembly shall sign the ordinances and resolutions passed by the Standing Committee of the National Assembly.

2. The Standing Committee of the National Assembly shall consider and approve proposed draft ordinances and resolutions at two of its meetings in the following sequential order:

a. At the first meeting session, the presentations and discussions shall be undertaken in the sequential order as stipulated in Clauses a, b, c and d of Part 1 of this Article. The Standing Committee of the National Assembly shall discuss and vote some issues of the proposed draft ordinances and resolutions at the request of assessing agency to provide a basis for revision and improvement.

b. During the time between the two meeting sessions, the lead assessing agency shall take the lead responsibility and coordinate with agencies, organizations and National Assembly Deputies that submit their proposed draft ordinances and resolutions, the Law Committee, the Ministry of Justice and institutions concerned for studies, adoptions and improvements for the draft documents under the direction of the Standing Committee of the National Assembly.

c. Proposed draft ordinances and resolutions shall be sent to the Law Committee for scrutiny and perfection in terms of drafting techniques no later than 3 days before the date of voting for approval. The Law Committee shall take the lead responsibility and coordinate with the assessing agencies, representatives of agencies, organizations the National Assembly Member that submit the proposed draft ordinances and resolutions to organize checks and scrutiny to ensure constitutionality, legality and consistence of the proposed draft ordinances and resolutions with the law system.

d. At the second meeting session, the lead assessing agency shall report to the Standing Committee of the National Assembly on the revision and improvement of the draft documents. In cases where agencies, organizations and National Assembly Deputies that submit their proposed draft ordinances and resolutions have different opinions from what has been revised and improved in the draft documents, those differences shall be clearly mentioned in the report.

e. The Standing Committee of the National Assembly shall approve the proposed draft ordinances and resolutions by majority voting. In cases where different opinions still remain, the Standing Committee of the National Assembly shall settle those differences at the request of the chairperson of the meeting before approving the proposed draft ordinances and resolutions by majority voting.

f. The Chairperson shall sign the ordinances and resolutions passed by the Standing Committee of the National Assembly.

Article 55. Complete sets of documentation for proposed draft laws, ordinances and resolutions to be submitted to the National Assembly and the Standing Committee of the National Assembly for approval

Complete sets of documentation for proposed draft laws, ordinances and resolutions to be submitted to the National Assembly and the Standing Committee of the National Assembly for approval include the following:

1. Reports on adoptions and improvements for the draft documents;

2. Revised and improved draft documents.

Article 56. The approval dates of laws, ordinances and resolutions passed by the National Assembly and the Standing Committee of the National Assembly

The date of approving laws, ordinances and resolutions passed by the National Assembly and the Standing Committee of the National Assembly shall be the one on which the National Assembly and the Standing Committee of the National Assembly approve those laws, ordinances and resolutions by majority voting.

Section 6. PROMULGATION OF LEGAL DOCUMENTS PASSED BY THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 57. Promulgation of laws, ordinances and resolutions

1. The President of the State shall issue orders for the promulgation of laws and resolutions passed by the National Assembly, ordinances and resolutions passed by the Standing Committee of the National Assembly no later than 15 days since the date on which laws, ordinances and resolutions were passed.

2. For those ordinances and resolutions that have been passed by the Standing Committee of the National Assembly but the President of the State requests the Standing Committee of the National Assembly to reconsider as ruled by Clause 7 Article 103 of the Constitution, the Standing Committee of the National Assembly shall reconsider what has been requested by the President of the State. If those ordinances and resolutions are still approved by the Standing Committee of the National Assembly by majority voting but are not agreed upon by the President of the State, the President of the State shall submit them to the National Assembly for determination at the nearest session. In these cases, those ordinances and resolutions shall be promulgated no later than 10 days since the date on which the Standing Committee of the National Assembly re-approved them or the National Assembly passed them.

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